Personal Jurisdiction
Physical presence and intent to remain indefinitely, principal place of business, and place of incorporation.
What is general personal jurisdiction?
Question arises from the constitution.
What is federal question jurisdiction?
Any defendant resides or substantial part of events.
What is proper venue 1391?
Answer and Complaint
What is FRCP Rule 8?
Word to help remember the FRCP Rule 8 cases.
What is Twiqbal?
Purposeful availment and foreseeability
What is the minimum contacts test?
Complete diversity between parties and amount in controversy over $75,000.
What is diversity jurisdiction? 1332
Federal courts can transfer cases to other federal courts. T/F
True
Lack of pj, improper venue, insufficient process or service of process, or failure to state a claim.
What is a Motion to Dismiss Rule 12(b)(6)?
Short and plain claim for relief.
What is a Complaint?
Clause in a contract stipulating the forum of legal disputes.
What is forum selection clause?
Federal question appears on the face of the plaintiff's complaint.
What is the Mottley/well pleaded complaint rule? 1331
State Courts can transfer cases to other State Courts. T/F
False. Case must be dismissed and then refiled.
Everything in writing must be signed by an attorney or a party, papers aren't presented for an improper purpose, claims are non-frivolous, etc
what is Rule 11?
Law applied if a non-federal issue is in federal court.
What is The Erie Doctrine?
Served in the state, subject to the state
What is tag jurisdiction?
A single plaintiff joins multiple claims against a defendant arising out of a single operative fact.
What is aggregating claims?
Two defendants do not reside in the same state and a substantial portion of events occurred outside the U.S.
What is fall back venue to anywhere personal jurisdiction is proper?
Must comply with state laws. Handed directly to the defendant, to someone of suitable age who lives on the property, or someone with authorization.
What is service of proccess Rule 4?
Must be within 21 days.
What is an Answer?
Intentional actions by the defendant, aimed at the forum state, which cause harm in the forum state.
What is the Calder approach?
Joining additional claims to a federal question claim which all arise under a common nucleus.
What is supplemental jurisdiction? 1367
All cases filled in different federal districts can be consolidated and transfered for pre-trial proceedings
What is multi-district litigation 1407?
Defendant has up to 60 days to respond after service.
What is waiver of service Rule 4(d)?
Change of venue is proper.
What is: could have originally been filed there and all parties consent?